F 1526 

""^^ REMARKS 

Copy 1 



OF 



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HON. JOHN B.sWELLER. OF CALIFORNIA, 



ON 



NICARAGUAN AFFAIRS, 



DELIVERED 



IN THE UNITED STATES SENATE, MAY 1 and 15, 1856. 



V/ASHINGTON: 

PRINTED AT THE CONGRESSIONAL GLOBE OFFICE. 

1856. 



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^^ 



X 



NICAEAGUAN AFl^AIRS 



■^In the Senate, Maij 1, 1856. 

Mr. WELLER. I ask leave to submit tlie 
following resolution: 

Resolved, ThiU the Pret^iduntof the United State? bo re- 
tjaested, it" not iiipomparible witli the puhlic interest, to 
communicate to the Senate copies of all correspondence 
t>etu'een tiiis Government and our Minister at Nicaragua 
aol heretofore communicated. 

I desire to remark, Mr. President, that I am in 
receipt of many letters from persons residing on 
the Pacific coast who are anxious to know whether 
i have been sustaining the Administration in the 
policy adopted m regard to the Nicaraguan Gov- 
ernment. [ speak of that Government which is 
new in existence. I desire to take this occasion, 
here in my place, to say that I have no informa- 
tion on this subject other than that which is pub- 
lished in the newspapers of the day; and, upon 
the facts thus presented, I have no hesitation in 
saying that I do not approve of the course which 
has been pursued. If, when Colonel French 
came here and applied for the recognition of the 
new Government, there was proof to sustain the 
charges alleged against him in the public press 
impeaching his integrity as a man, the Admin- 
istration was justifiable in rejecting him; but it 
ought to have been placed on personal grounds. 
Our Minister in Nicaragua should have been in- 
structed at once to say to that Government, " If 
you will send some other person to whom there 
are no personal objections he will be received." 
Whether this has been done or not I do not know; 
but I presume it has not. 

Our usual practice has been, so soon as any of 
the South or Central American States have revo- 
lutionized and given evidence of their stability or 
of their power and capacity to maintain the new 
Government which they have thus constituted, to 
recognize them. 1 need not say that tliis course 
is peculiarly proper in regard to Central America. 
Tiiese State's are often convulsed by civil wars; 
and revolution succeeds revolution in such rapid 
succession, that any other course would be found 
impracticable. The route from here to our Pa- 
cific possessions was tlirough Central America, 
and this alone would compel us to suspend com- 
munication v/ith that coast, or recognize at once 
the existing Government. We have now to pass 
through Nicaragua or Panama to reach the State 
from whence I come. Although it might be against 
th(? true interests of this Government to acquire or 
annex Central America at present, yet we are in- 
terested, and deeply interested, in having a stable 
and fixed Government on that part of the conti- 
nent. You will have no stability in any of the 
Central American States until you have infused a 



large amount of North American blood into their 
veins. The true policy, then, would have been 
to encourage rather than discourage emigration to 
Nicaragua. I do not ask that your neutrality laws 
or treaties should be violated. These 1 would have 
at all times maintained in good faith; but I do not 
approve the means which have been adopted to 
prevent our countrymen from emigrating to that 
country. The proceedings in New York to arrest 
persons going to San Juan del Norte were, in my 
opinion, not only unnecessary, but wholly unjusti- 
fiable — proceedings which neither existing laws, 
public treaties, nor good faith required, and which 
sound policy forbids. However devoted 1 may be 
to the principles which have gencrall)'' governed 
the present Administration, it is due to my own 
honor to declare that these acts to which 1 have 
alluded do not receive my sanction. 

A state of war is now existing between Costa 
Rica and Nicaragua. The army of the former 
has invaded the territory of the latter, although 
no war has been declared. Because North Amer- 
icans aided in bringing the present Government 
into power, and because an American is at the 
head of the army, and some of his countrymen 
enlisted under his banner, Costa Rica only de- 
clares war against them. The people of Nicar- 
agua are now united, and their dissensions no 
longer exist. They have a President, a native 
of their own country, selected by them, at the 
head of the Government. Some of these North 
Americans are now in her army, and General 
Walker is the commander-in-chief. Is Costa 
Rica to proscribe Americans from entering into 
the service of other States? Is she to dictate the 
birth-place of the man who shall be placed at the 
head of her army .'' I have in my hands a decree, 
or proclamation, issued by the general command- 
ing the invading force from Costa Rica, to which 
I invite the attention of the Senate: 

JoH.\ E. MoR.\, Prendent of the Repiihlic of Costa Rioa, 
Gc:icral-in- Chief of the Jinny of Nicaragua : 
All the fillibu.-iters taken with arms in hand will be sub- 
ject to a.ll the riiror of the law, whicli is death ; but all die 
!ii]iba.-;ter» who liavr' not u;ed their arms againsit this Ra- 
puhlic, and give up, out of free will, tlieir arrna and perscma 
u» officers of the Co.-ta llica army, sliall be purdom^d. 

JOHN K. MOllA. 
"af.vel S. Escalante, 
Sub. Sccrclanj of the Department of War. 
I passed through that country for the third 
time in 1854; a civil war was tlien raging. A 
part of the Nicaraguans, by many supposed to be 
a majority,werearrayedagainstthe existing Gov- 
ernment. The " Democratic party," so called, 
avowed liberal principles, and wanted a Govern- 
ment similar in its constitution and laws to ours. 



4 



Proclamations signed by their leader were posted 
along the San Juan river and on Virgin Bay, in- 
viting North Americans to join his standard. 
Under these invitations General Walker and 
others residing on the Pacific went there and ven- 
tured their destinies with the revolutionary party. 
They succeeded; the old Government was de- 
stroyed, and a new and far more liberal one estab- 
lished. The Government at once offered large 
grants of lands, &c., to induce our people to emi- 
grate. Costa Rica now wages a war of exterm- 
ination against these cafcntrymen of ours. Her 
chief declares they shall be shot if they are taken 
prisoners, and some of them have already been 
executed. Are we to stand still and see our peo- 
ple denied the rights of prisoners of v/ar, and shot 
down by a brutal soldiery.' Is not this such a 
violation of the law of nations as to demand im- 
m ediate redress .' 

I intimated some time since that on a suitable 
occasion I would reply to the charges made in the 
Senate against General Walker. The protracted 
illness of the Senator from Delaware [Mr. Clay- 
ton] has prevented me from doing so; and I only 
propose now to say a few words by way of pre- 
facing a letter received this morning. It is from 
General Walker. It presents some facts and 
some points which ought to attract the attention 
of the Senate. But you must allow me to say 
before I read, that there is no man whose char- 
acter has been more shamefully misrepresented 
in this country than General Walker. I have 
known him for several years on the Pacific coast 
as a quiet, unobtrusive, and intelligent gentleman 
of uncommon energy and decided character. His 
integrity — his honor was never impeached in any 
quarter. After being invited, he went to Nicara- 
gua, not as a " fi-eebooter;" he did not go there for 
plunder. He neither coveted their lands nor their 
money, for no one has less of the sordid feeling 
than* General Walker. He was actuated by a high 
and honorable ambition — a patriotic desire to aid 
in establishing free institutions in Nicaragua, and 
ultimately confederate, in a peaceable manner, the 
Central American States into one great republic. 
This was his ambition — this the object which he 
sought to accomplish. Many gentlemen of the 
highest character residing on the Pacific, actuated 
by the same motives, rallied under his banner. 
It is a great mistake to suppose that these men 
are desperadoes and freebooters ! 

But, sir, I will read the letter: 

Granada, ^pi-il 15, 1856. 

My dear Sir : By the last papsrs from New York, I 
learn that, when I was denounced in the Senate for the 
conduct Nicaragua has pursued towards the Transit Com- 
pany, you were so generous as to undertalie to defend me 
trom the aspersions of men utterly ignorant of my character. 
Inconsequence of this, I take tlie liberty of writing some 
facu in relation to affairs here ; and these facts will, £ think, 
prove not unimportant to the Government of the United 
States. 

You have doubtless learned, from the newspapers, how 
pacific was the policy Nicaragua proposed to pursue towards 
tlie other States of Central America. Notwithstanding all 
our overtures of peace, the neighboring Governments 
showed themselves, if not positively, at least negatively, 
hostile to the actual administration of Nicaragua. It was 
constantly asserted, not only here, but throughout Central 
America, that the States were stimulated to this conduct 
by English and French agents. Eut it was not until the 
correspondence of the Consul General of Costa Rica in 
London was intercepted by me a few weeks ago, that 
positive evidence was afforded of the active sympathy the 
British Government manifests for those who oppose the 
Americans in Nicaragua. The correspondence shows that 
England ia furnishing arms to our enemies ; and, ac the 



same time, the whole British West India squadron is sent 
to San Juan del Norte, in order that the moral weight of 
the English Government may be thrown into the scale 
against our Republic. I do not know how these facts may 
appear to people of the United States, but to me they seem 
directly at Variance with American principles and American 
interests. 

These facts are patent to all, and their signification is 
apparent to the most superficial observer. There are other 
circumstances connected with the present war waging in 
this State and in Costa Rica, which may require interpreta- 
tion in OKler to make their importance felt. 

The Government of Costa Rica h£is never yet declared 
war against the Government of Nicaragua, yet it has in- 
vaded our territories, and has murdered American citizens 
who have never forfeited the protection of the United States 
Government. This has been done under cover of a decree 
issued by the President of Costa Rica, declaring war against 
the American forces in the service of Nicaragua. To de- 
clare v/ar against the Americans m the service of Nicara- 
gua, and not against Nicaragua herself, is to deny in the 
most positive and offensive manner the right of Americans 
to engage in the service of a foreign State. Not only has tt>« 
declaration of war been made in tliis offensive and un- 
heard-of manner, but another decree has been published 
ordering all American prisoners of war, taken by the Costa 
Rica forces, to be shot. This is to deny to Americans en- 
gaged in a foreign service the common rights to which 
soldiers are entitled by the laws of war. Such decrees as 
those I have mentioned not only tlirow Costa Rica, as I 
conceive, beyond the pale of civilized nations, but they 
directly affect the honor and dignity of the United States. 
They attempt to control the American people, and keep 
them within a limit which the American Government has 
never prescribed. Costa Rica says Americans shall not 
emigrate to Nicaragua and take arms in her service. It 
remains to be seen whether she can sustain herself in so 
singular a position. 

In such a war as the one they are now waging against ns 
there can be but one result. They may destroy my whole 
force— a circumstance I deem almost impossible — tiiey may 
kill every American now in Nicaragua — but the seed is 
sown, and not all the force of Spanish America can prevent 
the fruit from coming to maturity. Tiie more savage the 
nature of the war they wage against us, the more certaJH 
the result, the more terrible the consequences. I may not 
live to see the end, but I feel that my countrymen will not 
permit the result to be doubtful. I know that the honor and 
the interests of the great country which, despite of the 
foreign service I am engaged in, I still love to call my own, 
are involved in the present struggle. That honor must be 
preserved inviolate, and those interests must be jealously 
maintained. 

So far, we have had great moral odds against us. Tlw 
Government to which we looked for aid and comfort baa 
treated us with coldness and disdain. There has been no 
Government to encourage us, and bid us " God speed ! " 
Nothing but our own sense of tlie justice of the cause we 
are engaged in, and of its importance to tlie country of our 
birth, has enabled us to struggle on as far as we have come. 
We may perish in the work we liave undertaken, and our 
cause may be, for a time, lost; but if we fall, we feel that 
it is in the path of honor; and what is life, or what is suc- 
cess, in comparison with the consciousness of having per- 
formed a duty, and of having cooperated, no matter how 
slightly, in the cause of improvement and progress ? I begin, 
however, to digress, and therefore conclude. 

I remain, with high regard, your obedient servant, 

WILLIAM WALKER, 
lion. John B. Weller, United States Senate. 
Mr. CASS. What is the date of that letter .' 
Mr. WELLER. April the 15th, the day be- 
fore the battle. So you will discover that the 
British Government has given orders to furnish 
the Costa Ricans with arms to expel J^ortli Amer- 
icans from Nicaragua! And the Clayton and 
Bulwer treaty is still in force ! 

Mr. President, the Government of Nicaragua 
ought to have been recognized long since. The 
ViAeight of our Government ought not to have been 
thrown against the party now in power. They 
have for some six months past given satisfactory 
evidence of their^ ability to maintain a Govern- 
ment. If our covmtrymen desire to unite their 
destinies with Nicaragua, let them go without 
being dogged around your wharves by police ofS- 



cei-s. These are my opinions, and I frankly avow 
them. 

Let me say, before I dismiss this subject, that 
the interference of the British Government in this 
contest may induce Guatemala and San Salvador 
to form an alliance with Costa Rica, and assist 
in the effort which is now being made to drive 
North Americans from Nicaragua; but if General 
"Walker can obtain sufficient supplies for his army 
in the way of food and clothing, the whole Span- 
ish race in Central America cannot expel him. 
Notwithstanding they arc poorly provided and 
worse paid, no troops ever had more confidence 
in their leader, and in their cause. Although the 
odds are against him, I still think he will be suc- 
cessful. If he fails, it will be because of the aid 
and comfort given to his enemies by British agents 
and emissaries. 

We have difficulties, too, on the other route. 
Thirty Americans have been slaughtered at Pan- 
ama. As the- very best feeling has always ex- 
isted between the Government of New Granada 
and the United States, I have no doubt the full 
power of that Government will be immediately 
used for the purpose of redressing these injuries. 
And I have a right to believe that those in power 
here will see that that Government makes ample 
reparation for the outrages which have been com- 
mitted. It was one of those violent outbreaks 
which occasionally happen when strangers and 
people ofdifforent nations and tongues are thi'own 
together. The local authorities were too weak 
to control the movements of the excited populace. 
Steps will be taken, as I am assured, on the part 
of this Government, to prevent a recurrence of 
such outrages. Reparation for property destroyed 
^ must be made, and the amplest security given for 
'^Bw future. The line of communication which 
has tiius been interrupted through Panama will 
soon recover from the shock it has sustained. As 
this is the route over which our mails are trans- 
ported, I expect to see prom}")! action on the part 
of our Government. Besides, we carry over this 
Isthmus some §4,500,000 of gold dust every 
month, the non-arrival of which in New York 
at the proper time would inflict great loss upon 
our banks and merchants. I hope Senators will 
see in our present position the necessity for con- 
structing at once a safe and convenient road 
through our own territories. But I will not tres- 
pass further upon the courtesy of the Senate. 



In the Senate, May 15, 1856, 

On the message from the PresiJent of the United States in 
reply to a resolution of the Senate of the 24th of March, 
and a resolution of the House of Representatives of the 
8th of May, having reference to the routes of transit 
between the Atlantic and Pacific oceans, tlirougii the 
Kepufalies of Nicaragua and New Granada, and to the 
condition ofaflUirsin Central America. 

Mr. WELLER said: Mr. President, I come 
from that section of the Union most deeply inter- 
ested in keeping open the route through Central 
America. To my constituents it is eminently a 
practical question, and tliis must be my apology 
for intruding, for a few moments, upon the atten- 
tion of the Senate. 

I regret very mucil that the Senator from Ken- 
tucky, [Mr. Crittenden,] to-day, has not only 
mistaken the question presented in the message. 



but placed many gentlemen, with whom in past 
years I have been upon terms of intimacy, and 
for whom I chei-ish feelings of friendship and 
respect, in a false position. If he will take the* 
trouble to investigate the facts as they really 
exist, I think he will become perfectly satisfied 
that he is wrong in applying the epithets which 
he has applied to those Americans who v/ere con- 
nected with General Walker in the late revolution 
in Nicaragua. Few questions have been more 
grossly misrepresented by the public press than 
that revolution. What are the llicts? 

Early in the year 1854 tjiere was a contest be- 
tween Chamorro and Castillon, rival candidates 
for the presidency of that Republic. The former 
was in command of the Army, and through this 
influence secured a majority of votes in his favor, 
and was inaugurated. Chamorro was an old Span- 
iard, with all the prejudices of his race against a 
government based upon public opinion. In other 
v/ords, he regarded physical force indispensable 
in the government of man — that nothing short of 
absolute power in the hands of the Chief Magis- 
trate could give stability to a government. He 
was, in all his notions, opinions, and sympathies, 
a despot. Castillon , who was also a Spaniard, was 
a v/ell educated gentleman, and had passed much 
of his time upon the continent of Europe and in 
the United States. He had become liberalized in 
his principles, and had formed a high admiration 
of the institutions of this country. It was his 
most earnest desire to see established in Nicara- 
gua a constitution and laws similar to those which 
have secured prosperity and happiness to us. In 
this contest, as I have said before, he was beaten. 
One of the first acts of Chamorro was to expel 
Castillon and his adherents from the territory of 
Nicaragua. They took refuge in Honduras. 

In a few months, ascertaining that the people 
of Nicaragua were so much enraged at the tyr- 
anny and despotic rule of Chamorro, that they 
were ripe for revolution, he placed himself at the 
head of some thirty-six men, and, relying upon 
the affection of the people for him, landed at 
Rivas. The result proved that the confidence 
which he reposed in the people was not mis- 
placed. A la.rge portion of the Government 
troops, as well as the people, hailed his arrival 
with great enthusiasm. Being sufficiently rein- 
forced, he advanced at once upon Leon, where a 
battle was fought, in which his troops were vic- 
torious, and Chamorro was driven back to the city 
of Granada, a strongly fortified town. Castillon 
pursued him aiid took a position outside, where he 
remained for several months. In the mean time, 
a provisional Government was organized at Leon. 
Gentlemen of both fortune and ability were 
placed at its head. This was called the Liberal 
or Democratic Government. Under these circum- 
stances the most liberal offers of lands, cSrc, were 
(by proclamations) made to North Americans 
who would come and assist in maintaining that 
Government. 

I passed through that country twice whilst 
those two Governments vvcre in existence. I saw, 
mj'self, handbills posted up along the route at dif- 
ferent points between San Juan del Norte and 
San Juan del Sud, inviting our countrymen to 
join the Democratic party, and assist him (Castil- 
lon) in overthrowing the despotism estabUshcd by 
Chamorro. He signed himself the "Democratic 
Leader of Nicaragua. ' ' Many of our citizens, 



6 



passing along the route, joined his forces. An in- 
vitation, directly from that government, was sent 
to General Walker, offering him a large grant of 
land, if he would raise a military force and aid 
in this work, the overthrow of tyranny and the 
regeneration of Nicaragua. The invitation was 
accepted; and General Walker landed at Rivas 
with fifty-six men. He was soon, however, 
joined by some three hundred Americans from Cal- 
ifornia. Very few weeks elapsed after this time be- 
fore the old Government was entirely overthrown. 
In the meanwhile the two most prominent actors 
in this revolution died — Chimorro, of consump- 
tion, at Granada, and Castillon, of the cholera, at 
Leon, I believe. General Walker was at once 

E laced at the head of the army. Rivas, a native of 
ricaragua, and a gentleman of education, distin- 
fuislied for his liberal ideas, and having no preju- 
ices against our people, was made provisional 
President. A regular government was at once 
established, with all the machinery necessary .to 
give security to person and property. Civil war 
ceased to exist, and all dissensions were hushed 
into silence. 

The people, discovering that under the new 
Government their rights and persons would be 
protected, gave in their adhesion, and not a mur- 
mur was heard. The Government, thus consti- 
tuted, has been in existence for more than six 
months, and I affirm that during that period Nic- 
aragua has been less disturbed by civil dissensions 
than during the same length of time since the sep- 
aration from Mexico in 1823- '24. Yoti have no 
testimony, of any character, that there is a party 
now in Nicaragua that desires to disturb or over- 
throw the existing Government. I have no knowl- 
edge of any attempt being made to do so. There 
certainly is no other Government in that State, 
nor is there any contest as to who shall control 
its administration. Now, after the lapse of six 
months, the question arises, Vk'hether we are 
authorized to receive a minister from that Gov- 
ernment? Under our Constitution, the power to 
receive ministers is vested exclusively in the Pres- 
ident, and in the exercise of this power he has 
received a minister, properly accredited, and for 
this he is denounced. 

The Senator from Kentucky [Mr. Critten- 
den] confounds this question with that of recog- 
nizing the independence of a colony which has 
revolted from the mother country. This is a 
simple^ proposition to receive a minister from a 
new administration of an old and long-recognized 
independent Slate. 1 am sure that my distin- 
guished friend can discriminate between these two 
cases. The one is a question of great delicacy — 
requiring much prudence and caution. To rec- 
ognize the independence of a State, whilst we are 
upon terms of amity with the Government from 
which it has revolted, and before that Govern- 
ment has ceased all elForts to subdue it, is, as I 
have said before, an exceedingly delicate question. 
The message of General Jackson, to which he 
alludes, lays down the principle which ought to 
govern us in cases of this kind. I undertake to 
affirm that there is not a single sentiment in the 
message, which has just been read, that contra- 
dicts in the slightest particular the message of 
General Jackson. I examined that document but 
the other day, and I challenge the Senator to show 
in what respect its principles have been violated 
ia the paper now before us. I think he will find, 



upon examination, that the principles there enun- 
ciated had no application whatever to this case. 

One might suppose, from the manner in which 
the Senator has treated this question, that the. 
reception of a minister must necessarily involve 
us in a war. A war with whom ? Whose rights 
have we trampled upon ? What part of the'law 
of nations have we violated ? Will the Senator 
be good enough to inform me? What was the 
duty of the President under the circumstances ? 
Here comes a minister regularly accredited from 
a Government which has existed as an independ- 
ent republic for many years. Was he to reject 
him, because unfortunately his Government was 
involved in a war with a neighboring State ? Is 
this any reason why the minister should be re- 
jected ? or are we to reject him because the Admin- 
istration which sent him here came into power 
through the intervention of physical force ? I 
regret to say, that it is very seldom that changes 
are effected in the administration of the South 
American States where physical force is not used. 
Our disputes are settled at the ballot-box — theirs 
on the battle-field. The President shows in his 
message that five distinct Governments in Mex- 
ico had been recognized v/ithin a few' months, 
and it has been our uniform practice to recognize 
the de facto Government, without stopping to 
inquire how it came into existence. This policy 
is more necessary in regard to the Central Ameri- 
can States than any other portion of the world, 
because they lay upon the great highway between 
the Atlantic and our Pacific possessions. How 
can you maintain your communication unless 
you recognize the de facto Government? To v/hom 
will you apgly for redress for outrages committed 
upon the persons or property of American citi- 
zens ? That North Americans aided in bringing 
this Administration into power I do not pretend 
to deny; but I knov/ of no principle recognized 
by this Republic which prevents its citizens from 
taking part in the civil wars which convulse other 
nations. Would you reject a minister because 
your countrymen aided in bringing a new Admin- 
istration into power ? 

It is very probable that some of our people 
have taken part in all the revolutions which have 
divided and distracted the soutliern portions of 
this continent. And here let me stop and ask 
the Senate to look at the character of the war 
which Costa Rica is now waging against Nicar- 
agua. No war has been formally declared against 
the State, but Costa Rica, with her army, invades 
the territory of Nicaragua, bearing aloft a black 
flag, upon which is inscribed, " Death to all 
Americans." In such a contest you could not 
expect that the people of this Republic would not 
become intensely excited, and that their sympa- 
thies would not become warmly enlisted in the 
cause of the new Government. Americans love 
liberty, and sympathize with those who are 
struggling for free institutions. Carrying out the 
declaration emblazoned upon her flag, they have 
shot down, in cold blood, North Americans who 
were prisoners of war: they have marched a hos- 
tile force to Virgin — taken Americans who v/ere 
engaged in trade and traffic, wholly unconnected 
with the Army, and most cruelly murdered them. 
They have even taken viromen, tied them to trees, 
and then deliberately murdered them. And all 
this because they were born in our territory ! Are 
we to submit to this ? Are we so weak that we 



## 



cannot punish the murderers of our innocent coun- 
trymen ? Prisoners of war have been taken out 
and shot by Costa Ricans. I do not pretend that 
there is an obligation resting upon us to march an 
army into Costa Rica, to avenge the outrages 
committed upon the prisoners who fell into the 
hands of her army, because they were Americans 
by birth; but I do say, that the United States ai-e 
deeply interested in maintaining inviolate the laws 
of nations. No civilized Government now upon 
the face of the earth undertakes to shoot down its 

f»risoners of war. This rehc of barbarism has 
ong since been abandoned. Under the law of 
nations, as now recognized throughout Christen- 
dom, this brutal and inhuman act of the Costa 
Rican army was deliberate murder. If Costa 
Rica, in waging her war against Nicaragua, was 
to execute all her prisoners, in violation of the 
law of humanity, as well as of nations, I venture 
to say that this Grovernment would interpose at 
once; and in this case, surely, we ought not to 
refuse, because the murdered prisoners happened 
to have been once citizens of the United States. 
We ought to say to Costa Rica, in unmistakable 
language — ay, sir, language as loud and significant 
as the booming of your heaviest artillery, that xjour 
prisoners of tear, ivhether born in America or else- 
where, are entitled to all the privileges secured to them 
by the laws of nations. 

We recognize the i-ight of the American to ex- 

Eatriate himself, to go where he may, assist whom 
e chooses in overturning existing Governments 
and establishing new ones; and, so far as we are 
concei"ned, it is only our duty to see that they 
are ti-eated precisely as if they were citizens of 
other States. The only protection which we can 
extend to them is that which is given by the law 
of nations, I have said that our people have a 
right to expatriate themselves, and to take with 
them muskets, rifles, or pistols, as they may 
choose. I know of no law which, justly admin- 
istered, could subject them to a criminal prose- 
cution. 

I said, upon a former occasion, that, in my 
judgment, it would be impolitic to annex, at pres- 
ent, any of these Central American States. This 
is a question which, under the " manifest des- 
tiny " doctrine, must be settled by our children in 
a succeeding generation. We are now, however, 
at this day, most deeply interested in maintaining 
a fixed and stable Government in that^eetion, 
and this you can never accomplish until North 
American energy and enterprise shall have ob- 
tained the control, and until the blood of our peo- 
ple shall have been infused into their veins. Then, 
but not till then, will be developed the immense 
and inexhaustible resources of that the richest 
country upon the continent. The agricultural and 
mineral wealth of Nicaragua, under such influ- 
ences, would soon make her one of the greatest 
of the American States. No man could predict 
her future destiny. So far, then, from attempt- 
ing to prevent our people from migrating to that 
country, the true policy of the Government was 
to encourage it. 

I know that it is the duty of the marshal, and 
other Federal officers of New York, to enforce the 
neutrality laws, and I know that it is. the duty of 
a grand jury to indict all men who have violated 
the laws of tlie country; but I never heard that it 
was tlieir duty to sneak, under cover of night, 
along your all<'ys,'or through your grog-shop-^, to 



find out whether some offense had not been com- 
mitted. Police ofncers have been stationed upon 
your wharves to examine every man. going on 
board of the California steamers; to interrogate 
them; and if they could obtain anything from' 
them indicating an intention to stop in Nicaragua, 
an affidavit is filed, a warrant is issued, the vessel 
is stopped, and the passengers delayed. This is 
bad enough; but it is far worse when you have a 
police forvse at the other end of the line in the 
shape of a British man-of-war ! The documents 
on your table will show the protest of Captain 
Tinklepaugh, of the American steamship Ori- 
zaba, which I presented a few days since to the 
President of the United States, which discloses 
the fact, that, when he reached the port of San 
Juan del Norte, the British Government was not 
only extending its protectorate overthe Mosquito 
territory, but over the port, as well as the river 
San Juan .' Captain Tarlton, in command of the 
British frigate, sent Capta.in Tinklepaugh orders, 
after he had transfen-ed most of his passengers to 
the river steamer, that they must be put back 
again upon the steamship, and that they would 
not be allowed to go up the San Juan. Why? 
Not because they interfered in any shape or form 
with the Mosquitoes, whom the British claim that 
they are bound to protect, but upon, the distinct 
allegation made by him, that these men were, in 
his opinion, going to aid General Walker in 
maintaining the existing Government of Nicar- 
agua! Captain Tinklepaugh very foolishly 
obeyed thfe order, and then went ashore in search 
of Captain Tarlton. When he found him he was 
informed that he (Captain Tarlton) did not choose 
that North Americans should go up that river, 
and join Walker's army ! Her Majesty did not 
choose to let Americans settle in Nicaragua ! The 
captain of the Orizaba assured him that four 
hundred of his passengers had through tickets to 
San Francisco, and that only fifty of them were 
destined for Nicaragua. " Well, then," said he, 
" I will go on board your vessel, look at your 
papers, and talk with your passengers." This 
looked very much like the right of search — a 
question upon which we have offered to fight the 
world. He went on board the ship — the papers 
were examJhed — the passengers were interro- 
gated. Captain Tarlton became satisfied, and told 
the American captain he could go on up the river. 
We can navigate the San Juan river, and visit 
our possessions on the Pacific, provided we sat- 
isfy Captain Tarlton that we will not stop in 
Nicaragua! So it seems, that if this is sub- 
mitted to, Ave have at San Juan a British vessel 
to assist the United States in executing the neu- 
trality laws ! On the score of economy, perhaps, 
this would be cheaper than to send two police 
ofiicers to San Jiiaa, as was done in the case of 
the Northern Light, to see whether any arms 
v/ere concealed under the coal-]iit! Eul i hardly 
think, much as the people love economy, that they 
will carry it to an extreme which involves na- , 
tional dishonor. If we tamely submit to theao 
outrages, we shall soon become a by-word amongst 
the nations of the earth. 

The British Government is afraid that we vv^ill 
annex this territory and make it a portion of our 
Republic, and this comes from the greatest land- 
robber in the world, who never did obtain any 
territory by fair and hono.'-able means. V/e have 
extended our territory by -purchase — England by 



8 




015 842 597 



rohhery — and here is the difference. Her power 
is now bein^ exorcised in Costa Rica and Hon- 
duras to expel the North Americans from those 
States; and here let me'say, that at no time have 
the Americans constituted a majority of the army 
under the command of General Walker. Nearly 
two thirds of his whole force are natives of Nic- 
aragua. The small acquisitions of territory which 
we have heretofore made hcive excited the jealousy 
of the British Government, and we have been de- 
nounced by her statesmen in the most unqualified 
terms. In the meanwhile, scarcely a word of 
complaint has escaped from us against British 
annexation in the East Indies. In that country, 
during the last eight years, they have annexed 
more territory than is covered by all the Central 
American States, including the Mosquito coast. 
If Senators would take the trouble to look at it, 
they will find that the area of the Central Amer- 
ican States is generally put down at two hundi'ed 
thousand square miles, (but I think, in point of 
fact, it does not exceed one hundred and eighty 
thousand,) and the British Government has an- 
nexed in eight years two hundred and two thou- 
sand square miles ! We have sent no vessels to the 
Eastlndies to prevent a weak and defenseless peo- 
ple from being robbed of their territory, nor have 
we attempted to arrest England's progress in that 
direction. Have we not folded our arms and 
calmly submitted to these acquisitions ? On the 
continent of America, however, we have felt our- 
selves compelled to resist the grasping policy of 
that Government. We have said, and*I trust we 
were in earnest, that these States were not open to 
the colonization of any European Poioer. Because 
some of our countrymen have gone to these States 
and sought for themselves new homes, a British 
fleet is dispatched at once to that coast to see that 
they do not obtain any foothold there ? And this 
they call a fair execution of the Clayton and Bul- 
wer treaty ! 

The acquisitions in the East Indies were made 
under the pretense of protecting the people there. 
They say they were bound by their treaties to 
protect them against foreign aggression and in- 
ternal dissension; they affirm that internal dis- 
sension existed to such an extent that they could 
only give protection by taking the "government 
into their own hands. This is what they call 
protection; and no doubt this is the way in which 
they intended to extend their protectorate over 
the Mosquito coast — gradually absorbing all Cen- 
tral America. Who can doubt that Great Britain 
would extend her dominion over that country as 
in the East Indies, if it were not that the United 
States has an eye upon her movements, and has 
power enough to arrest them ? 

Here a change has been effected in one of the 
Central American States; a new Administration 
has come into power, and during the past half 
year has given the most satisfactory evidence of 
its stability, and the President is asked to receive 
■ its minister. 

The Senator from Kentucky tells us that this 
is without any precedent. What did you do 
when the Emperor Bbnaparte, on the throne of 
France, went coolly to work distributing the king- 
doms of Europe amongst his relatives? These 
Governments had been revolutionized by the 
French army, and still you did not hesitate to 
recognize their ministers as soon as sent to you. 



You recognized that which he established as a 
de facto Government, and did not trouble your- 
selves about its legitimacy. I say, it has been 
our uniform practice to recognize in every case 
the de facto Government; and this, then, so far 
from being without precedent, is in conformity 
with that established usage. Indeed, I think the 
President would have been justifiable in recog- 
nizing Colonel French, if there had not been per- 
sonal objections to him. The moral power of 
our Government ought not to have been thrown 
against Nicaragua. When a neighboring State 
is struggling to imitate our example, and establish 
free institutions, it is entitled to our sympathies, 
and, as far as possible under the law of nations, 
to our support; and now, when they have sent to 
us a minister of unexceptionable character, a 
native of the country, there was no alternative — 
the President was bound to receive him. As 
attacks have been made upon the character of this 
minister, I may be allowed to say that I received 
upon yesterday a letter from a gentleman who 
occupied a high official position in Nicaragua in 
the years 1851 and 1852, who speaks of this min- 
ister as one of the ablest and purest men in that 
Government — liberal in his principles, and devot- 
edly attached to a republican form of government 
— a man who has stood by our countrymen in 
scenes of trial and danger, and who has, never- 
theless, retained the love and respect of his own 
people. 

I have no idea, Mr. President, that we are to 
be involf ed in a war in consequence of the course 
which has been pursued. I admit, that upon look- 
ing over the whole ground, our difficulties in 
regard to Central American affairs are fast coming 
to a head. It may be that the recent movements 
at San Juan will precipitate a decision between 
us and Great Britain; and if it is to be settled by 
an appeal to arms it may be as well adjusted now 
as at any other time. I am very sure that I would 
do all that an honorable man dare do to avoid a 
war with any country. He who has stood upon 
the battle-field, and seen his friends and comrades 
stricken down by the balls of the enemy, and 
their manly forms hombly mutilated, will never 
speak lightly of involving his country in war. 
But war, with all its horrors, is far preferable 
to disgrace or dishonor. I would rather see our 
glorious emblem, which now so proudly floats 
over thi§ Capitol, made the winding-sheet of each 
one of us, than that dishonor should attach to 
the American name. If, carrying out the great 
principles which have always characterized our 
Republic, and repelling the aggressions of British 
power on this continent, involves us in war, let 
it come. I represent a constituency upon whom 
will fall the full weight of the first blow that is 
struck in that war; but, notwithstanding this fact, 
if a war be necessary to vindicate our national • 
honor, I give but utterance to the patriotic im-v 
pulses of their hearts when I say, let it come. The 
God of our fathers will go with us to battle, and 
give us the victory. 

" Thrice is he armed who hath his quarrel just, 
And he but naked tliough iockcd up in steel, 
Wiiose conscience with injustice is corrupted." 

In such a contest the domestic dissensions and 
divisions which now exist amongst us would be 
forgotten, and America would present an undi- 
vided front to the enemy. 



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